Page No.# 1/5 GAHC010022662025 2025:GAU-AS:4852 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./312/2025 ANUWAR HUSSAIN S/O- MD ISHOB ALI, R/O- VILL- BHAIRAGURI, P.S.- DHEKIAJULI, DIST.- SONITPUR, ASSAM, PIN-784153 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:GOPILAL CHOUHAN S/O- LATE KISHORE LAL CHAUHAN R/O- VILL- BHERGAON P.S.- DHEKIAJULI DIST.- SONITPUR ASSAM PIN-78411 Advocate for the Petitioner : MR B P BORAH, MISS. J GOGOI,MR P J DUTTA Advocate for the Respondent : MS. S CHUTIA (R-2), MS. P CHUTIA(R-2) Page No.# 2/5 BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 23-04-2025 Heard Mr. P. J. Dutta, learned counsel for the petitioner and Mr. B. Sharma, learned Additional Public Prosecutor, Assam for the respondent No.1. Also heard Ms. S. Chutia, learned counsel for the informant/respondent No.2. 2. The petitioner, namely, Anuwar Hussain, son of Md. Ishob Ali, resident of Village-Bhairaguri, Police Station-Dhekiajuli, District-Sonitpur, Assam has filed this application under Section 483 BNSS, 2023 on 06.02.2025 praying for his release on bail in Special (POCSO) Case No. 182/2024 arising out of Orang P.S. Case No. 03/2024 corresponding to G.R. No. 32/2024 wherein, charge was framed against him under Sections 366/376 IPC read with Section 6 of the POCSO Act on 27.11.2024 and is in custody since 30.09.2024. 3. It is contended by the petitioner that in the meanwhile, the Court of learned Special Judge (POCSO), Udalguri in said Special (POCSO) Case No. 182/2024 have already recorded the evidences of the informant, the victim girl and another, out of nine named prosecution witnesses in the charge sheet. 4. It is submitted on behalf of the petitioner that considering his detention in custody since 30.09.2024 and the fact that the Court of learned Special Judge (POCSO), Udalguri have already recorded the evidences of the informant and the minor victim girl, he should be considered for his bail with any stringent condition, which he shall comply with. 5. As per the FIR dated 12.01.2024, lodged before the Officer-in-Charge of Orang Police Station, the case is that on 11.01.2024, in the afternoon around 04:30 pm, when his minor daughter went to attend the Tuition classes, she was kidnapped by the Page No.# 3/5 accused petitioner and later she was recovered from Bihar. 6. Initially, the case was registered under Section 366 IPC, but after recovery of the minor victim girl and considering her statement under Section 164 CrPC recorded on 18.01.2024, Section 376 IPC read with Section 6 of the POCSO Act was added in said Orang P.S. Case No. 03/2024 by order dated 01.10.2024, passed by the learned Special Judge (POCSO), Udalguri. 7. During investigation of the case, police seized the original Birth Certificate of the minor victim girl issued vide Registration No.97/2008 by the concerned Registrar of Birth and Death, Udalguri indicating the date of birth of the minor victim girl as 02.02.2008. As such, on the date of the incident, i.e., on 11.01.2024, the victim girl was just 15 years 11 months old. 8. By order dated 12.02.2025, the Court called for the records of said Special (POCSO) Case No. 182/2024 from the Court of learned Special Judge (POCSO), Udalguri. 9. On perusal of the records of the case, it is seen that the victim girl in her deposition before the learned Special Judge (POCSO), Udalguri did not implicate the petitioner of committing any physical relation with her. The Defence has also cross examined all the prosecution witnesses, whose evidences have already been recorded by the learned Trial Court. 10. Considering such materials in the records and considering the period of detention of the petitioner in custody since 30.09.2024, this Court is of the opinion that further custodial detention of the petitioner is not warranted during the trial of said Special (POCSO) Case No. 182/2024 arising out of Orang P.S. Case No. 03/2024. As such, this bail application of the petitioner is accepted. 11. Accordingly, the petitioner, namely, Anuwar Hussain, son of Md. Ishob Ali be released on bail in said Special (POCSO) Case No. 182/2024 arising out of Orang P.S. Case No. 03/2024 on furnishing a bail bond of Rs.50,000/- with two local sureties Page No.# 4/5 each of the like amount, to the satisfaction of the learned Special Judge (POCSO), Udalguri on conditions that the said petitioner — (i) shall appear before the learned Special Judge (POCSO), Udalguri during the trial and on the dates so fixed in said Special (POCSO) Case No. 182/2024 arising out of Orang P.S. Case No. 03/2024 and as and when he is required for his appearance in the said case; (ii) shall not leave the territorial jurisdiction of said learned Special Judge (POCSO), Udalguri, without obtaining prior written permission from the said authority; (iii) shall surrender his passport, if any, before the learned Special Judge (POCSO), Udalguri on or before 01.05.2025; (iv) shall not hamper or tamper with the evidence of the case; (v) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court; (vi) shall not threat the minor victim girl or anyone in her family by himself or by others or by anyone, acting on his behalf; (vii) shall not come to the vicinity of the victim girl or anyone of her family and (viii) shall not involve himself in any criminal activities in future. 12. Any violation of the aforesaid terms and conditions by the petitioner, namely, Anuwar Hussain, son of Md. Ishob Ali, the bail granted to him in said Special (POCSO) Case No. 182/2024 arising out of Orang P.S. Case No. 03/2024 shall stand automatically vacated. 13. It is made clear that any observation made hereinabove in this bail application, the learned Special Judge (POCSO), Udalguri shall not be influenced by it, while adjudicating the said Special (POCSO) Case No. 182/2024 arising out of Orang Page No.# 5/5 P.S. Case No. 03/2024. 14. With the above observations and directions, this bail application accordingly stands disposed of. JUDGE Comparing Assistant